Rental Agreement Terms & Conditions
RENTCLEVA PTY LTD
THIS AGREEMENT applies to and forms part of any agreement between you and us for the rental of the Goods specified in the Schedule
AGREEMENTS
1. INTERPRETATION & CONSTRUCTION
1.1 In this Agreement:
Advanced Rental means the amount specified in the Schedule as AdvancedRental.
Agreement means the contract constituted by these terms including the Schedule and the Centrepay Request or the Direct Debit Request.
Applicable Law means the National Consumer Credit Protection Act 2009, its regulations and any other law which relates to this Agreement.
Centrepay Request means the Centrepay Request Form provided by us.
Claim means in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent.
Delivery Radius means within 150 kilometres of one of our stores.
Direct Debit Request means the Direct Debit Request Form provided by us.
Early Termination Fee is the amount specified in the Schedule as the Early Termination Fee.
End Date is the end date of this agreement specified in the Schedule.
Event of Default means any event referred to in clause 11.
Goods means the goods supplied by us to you, as detailed in the Schedule.
Liability Waiver Payment means the amount specified in the Schedule as the Liability Waiver Payment.
Payment Date means the date specified for payment in either the Centrepay or Direct Debit Request form.
Rental Payments are for each of the Goods the amount specified in the Schedule for each.
Term is the term of the agreement specified in the Schedule.
Serviceable Radius means 150 kilometres from the closest Rentorilla service branch.
Start Date is the date specified in the Schedule as the Start Date.
Total of all Rental Payments is the amount specified in the Schedule as the Total of all Rental Payments.
We, us, our means RentCleva Pty Ltd and its successors and assigns.
You, your means the person or persons named in the Schedule as the Hirer.
1.2 Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.
1.3 A reference to a "person" is a reference to an individual, body corporate, unincorporated association, partnership, joint venture or government body.
1.4 Any reference to a party includes that party’s executors, trustees, administrators, successors in title and assigns.
1.5 This Agreement is to be read subject to Applicable Laws. If there is any inconsistency between this Agreement and Applicable Laws, the Applicable Laws will prevail to the extent of the inconsistency.
2. CREDIT ASSESSMENT
2.1 You acknowledge that during the application process, you consented to us making reasonable enquiries (as determined by us) to assess the suitability of this Agreement for your circumstances, including by obtaining information from credit reporting agencies or other businesses which provide information (Credit Reporting Agencies) about your credit worthiness.
2.2 You acknowledge and agree that we and any related bodies corporate:
(a) may give certain information about you to our related bodies corporate, a credit reporting agency, other credit providers, collecting agencies or legal firms (some being located in foreign countries) in order to obtain a credit report about you or to recover money which is due and payable from you. The information which may be given is covered by the PrivacyAct 1988 (Cth) (“Privacy Act”) and may include,as relevant, identity particulars and the fact that you have entered into this Agreement;and
(b) may, in assessing whether to enter into this Agreement with you, seek and obtain information about you from a credit reporting agency or another credit provider and may give information about you to another credit provider. The information may include anything about credit worthiness, history, standing or capacity (including information about commercial credit) which credit providers are permitted by the Privacy Act to obtain or receive.
2.3 You authorize us to exchange the personal information provided by you to us pursuant to or in relation to this Agreement, with:
(a) any person or organization named by you in any application or from time to time;
(b) our collection agents or an unrelated debt recovery organization, if an Event of Default has occurred;
(c) any of our related bodies corporate.
2.4 Where it is apparent to us that you have left your billing address or are no longer using the Goods within the Serviceable Radius and you have not provided us with your new address and contact details, you authorize us to use your personal information to contact anyone, including but not limited to anyone named by you in any application provided to us by you from time to time, including your current or past landlord or agent to collect personal information regarding your address and contact details so that we can administer your account and this Agreement.
2.5 If your ability to meet your obligations under this Agreement changes at any time (for instance, through loss of employment), you must advise us immediately.
2.6 We reserve the right to terminate this Agreement if, after accepting your rental application but prior to the delivery of the Goods, we become aware of circumstances which in our opinion, adversely affect your ability to perform your obligations under this Agreement.
3. YOUR USE OF THE GOODS
3.1 We grant to you the exclusive right to use the Goods until the End Date for those Goods or this Agreement is terminated, subject to the terms and conditions contained in this Agreement.
3.2 We grant you the use of the goods within the Serviceable Radius. If you choose to relocate outside of the Serviceable Radius we reserve the right to terminate the agreement and collect the goods.
3.3 With the exception of portable Goods, you must keep the Goods housed at the address specified in the Schedule, or such other address as we may approve (approved address). You may only remove the Goods from the approved address if you obtain our prior consent.
3.4 You must:
(a) not engage in any activity which is likely to have an adverse effect on the safety or condition of the Goods;
(b) not modify the Goods without our consent;
(c) not use the Goods for an illegal purpose;
(d) observe all safety and maintenance instructions provided with the Goods;
(e) use the Goods only for a domestic or household purpose; and
(f) make the goods available for examination and testing by us on reasonable notice.
3.5 Where the Goods are computer equipment, you acknowledge:
(a) any software loaded onto the Goods is subject to copyright;
(b) neither you nor us are the owner of the copyright in any such software;
(c) you must obtain a licence from the owner of the copyright to use any software on the Goods.
(d) you will source, read and make yourself aware of your rights and obligations under any licence agreement between you and the copyright owner and you will be solely responsible for compliance with the terms of such licence agreements and indemnify us against any losses caused by your use of the software;
(e) you are solely responsible for the supply and maintenance of consumables which are not supplied by us under this Agreement;
(f) we will not maintain any software loaded onto the Goods.
4. YOUR INTEREST IN THE GOODS
4.1 You acknowledge that:
(a) we retain title to the Goods;
(b) you are a bailee of the Goods; and
(c) nothing contained in an Agreement confers on you any title or interest in or to the Goods, other than as bailee of us.
4.2 You agree:
(a) to protect our interest in the Goods, including by making it clear to others that we own the Goods;
(b) not to part with possession of the Goods without our consent;
(c) not to give another person an interest in anyform of security over the Goods, or authorise anyone else to do so without our consent; and
(d) not place or allow to be placed, any plates or marks on the Goods which are inconsistent with our ownership interest.
5. DELIVERY
5.1 We will provide free delivery if the delivery address is within the Delivery Radius.
6. PRE-DELIVERY PAYMENTS
6.1 Prior to us delivering the Goods, you must pay the Advanced Rental to us.
7. WHAT YOU HAVE TO PAY
7.1 Subject to the terms of this Agreement, you must pay us the Total of all Rental Payments specified in the schedule by paying each Rental Payment specified in the schedule on its applicable Payment Date.
7.2 The Rental Payments must be paid by either:
(a) Direct debit; or
(b) Centrepay.
7.3 Forex 1 Pty Ltd ATF Trading Rental Trust trading as Rentorilla is our authorised representative under our Australian Credit Licence No. 439418 and may be appointed by us to collect payments from you. We will use reasonable endeavours to notify you of this arrangement.
7.4 We may terminate this Agreement if you do not return a valid Direct Debit Request or Centrepay Request.
7.5 If any payment falls due on a non-business day or public holiday, it will be debited from your nominated account on the following business day.
7.6 All enquiries should in the first instance be directed to us.
7.7 Your records and account details held by us will be kept confidential, except information required by our financial institution in the event of a Claim or relating to an alleged incorrect or wrongful debit.
7.8 If you elect to make your Rental Payments by direct debit, it is your responsibility to:
(a) ensure that your nominated account can accept direct debits;
(b) check your nominated account details with your financial institution before completing the Direct Debit Request;
(c) ensure that there are sufficient cleared funds in the nominated account, by the due date, to allow for payment of the amounts payable; and
(d) advise us immediately if the nominated account is transferred or closed.
7.9 If your drawing is returned or dishonoured by your financial institution, you will be charged the dishonour fee specified in the schedule.
7.10 If your drawing is returned or dishonoured by your financial institution, you should contact us to make suitable arrangements to rectify the non-payments.
8. IF YOU ENCOUNTER PROBLEMS IN MAKING PAYMENTS
8.1 You should notify us if you experience hardship in making payments under this Agreement.
9. YOUR ENTITLEMENT TO QUIET ENJOYMENT
9.1 Subject to you duly and punctually paying the Rental Payments and complying with the terms and conditions of this Agreement, you may possess and enjoy the Goods without any interruption or disturbance from us.
10. ACCESS AND INSPECTION
10.1 You must allow our authorised representative or us reasonable access to your premises to inspect the Goods.
10.2 We must give you seven days’ notice prior to carrying out the inspection under clause 10.1 unless we believe the Goods are at risk, in which case we may inspect them without prior notice.
10.3 You must tell us within 7 days after we ask you in a notice, where any Goods are and if they are not in your possession give us the information we need to find the Goods.
11. EVENT OF DEFAULT
11.1 It is an Event of Default if any of the following occur:
(a) you fail to pay any Rental Payment or other moneys payable under any agreement with us within seven days of becoming due for payment;
(b) you fail to comply with any of your other obligations under any agreement with us;
(c) you fail to pay any of your other debts when due;
(d) you die, become bankrupt, become legally incapable or commit an act of bankruptcy;
(e) you sell, dispose or encumber the Goods or attempt to do any of those things;
(f) any execution, attachment, distress or other court process is taken in connection with any of your property;
(g) any event occurs which our opinion renders further performance of this Agreement impracticable;
(h) you make any false, inaccurate or misleading statement in this Agreement, or any material false, inaccurate or misleading statement in applying for the hire of the Goods;
(i) you move address or change other contact details without notifying us; or
(j) you fail to respond within 30 days to any reasonable attempt by us to contact you using any contact details provided by you pursuant to or in relation to this Agreement.
12. WHAT HAPPENS ON DEFAULT?
12.1 If an Event of Default occurs, you are in default under this Agreement and you must, subject to us giving you the notices required under any Applicable Law:
(a) pay us the Early Termination Fee;
(b) pay us any other amounts outstanding under this Agreement;
(c) make the Goods available for collection at the time we nominate; and
(d) indemnify us against all costs reasonably incurred by us in taking action to recover payments due under this Agreement.
12.2 Without prejudice to any of our other rights at law, we may immediately terminate this Agreement.
12.3 All payments to us will be made without set-off, deduction or counter-claim.
12.4 Where the Goods are electronic equipment, you acknowledge that the Goods have been loaded with a software program that enables us to deactivate the Goods and prevent your use if an Event of Default occurs.
12.5 We will make all reasonable attempts to provide you with a notice advising you of the deactivation of the Goods and informing you as to how you can reactivate the Goods.
12.6 We may (at our discretion) reactivate the Goods once we are satisfied that any Events of Default under this Agreement have been remedied.
12.7 If you are in default, we may after giving you the notices required by Applicable Law, exercise our rights to enforce this Agreement and take possession of the Goods.
12.8 We will not begin enforcement proceedings against you unless we first give you a default notice allowing you at least 30 days to remedy your default and you have not remedied it within this time. We do not have to give you this notice or wait until the period in the notice elapses before we begin enforcement proceedings if:
- we reasonably believe that we were induced by fraud on your part to enter into this Agreement;
- we have made reasonable attempts to locate you but without success;
- the court authorises us to begin the enforcement proceedings;
- we reasonably believe that you have disposed of the Goods, or intend to dispose of them; or
- you become insolvent.
If we reasonably believe that a default is not capable of being remedied we do not have to specify the default and we may begin the enforcement proceedings after the period of 30 days from the date of the notice.
We will give you 30 days' written notice before we take possession of your Goods unless:
- your Term has ended;
- we believe on reasonable grounds that you have disposed of any of the Goods or intend to do so;
- we have made reasonable attempts to locate you but without success;
- you are insolvent; or
- the court authorises us to do so.
In any of these cases we do not have to give you any notice.
13. AGREEMENT DURATION
13.1 The Term of the lease granted to you under this Agreement commences on the Start Date, and subject the other provisions of this Agreement, ends on the End Date.
13.2 We may agree to extend the Agreement if you ask us to do so in which case it will be extended to the date so agreed.
14. WHAT HAPPENS AT THE END OF THIS AGREEMENT?
14.1 At the end of the Term, subject to you not being in breach of this Agreement, you may propose a price to us at which you wish to purchase the Goods. Whilst we have no obligation to accept your offer, we undertake to consider your offer in good faith and on its merits.
14.2 Unless we agree to sell the Goods to you pursuant to clause 14.1, on expiry or termination of this Agreement, you must:
(a) make the Goods available for collection at the time we nominate;
(b) if you are located outside the Serviceable Radius you agree to reimburse us for costs associated with collection of the goods.
15. HOW DO I TERMINATE THIS AGREEMENT?
15.1 You can terminate this Agreement at any time before the Goods are delivered to you by giving us notice and at any other time by returning the goods to us during normal business hours or by giving us 7 days’ notice.
15.2 On termination, you agree to:
(a) pay us the Early Termination Fee;
(b) pay us any other amounts outstanding under this Agreement;
(c) if not returned, make the Goods available for collection at the time we nominate;
(d) if you are located outside the Serviceable Radius you agree to reimburse us for costs associated with collection of the goods; and
(e) indemnify us against all costs incurred by us in taking action to recover payments due under this Agreement.
16. LOSS OR DAMAGE
16.1 You must immediately notify us if the Goods are:
(a) stolen;
(b) lost;
(c) destroyed;
(d) confiscated by any person; or
(e) materially damaged.
16.2 If the Goods are stolen, in addition to notifying us, you must immediately report the theft to the police and provide us with a copy of the police report within seven days.
17. RISK
17.1 Subject to clause 18, you will retain and bear the risk of loss arising from theft, fire and flood until the Goods are returned to us.
17.2 You will also retain and bear all other risks of loss, including in relation to accidental damage to the Goods.
17.3 You agree to indemnify us for:
(a) any theft, loss or damage to the Goods; and
(b) liability for any injury or death to any person or damage to any property arising directly or indirectly from the Goods or their use.
17.4 In the case of computer Goods, you are responsible for ensuring that all software and data is backed up.
17.5 If the Goods are lost or stolen and such Goods are not recovered within seven days, we may elect to terminate this Agreement, in which case you agree to:
(a) pay us the early Termination Fee;
(b) pay us any other amounts outstanding under this Agreement;
(c) the replacement cost of the goods; and
(d) indemnify us against all costs incurred by us in taking action to recover payments due under this Agreement.
18. LIABILITY WAIVER PAYMENTS
18.1 This clause 18 will only apply to you if you have elected to make the Liability Waiver Payments.
18.2 Subject to you making the Liability Waiver Payments up to the date on which the event of loss or damage occurs, we will assume risk of loss or damage to the Goods arising from theft and fire.
18.3 Despite clause 18.2, we will not pay for, and you will assume and bear the risk of, any loss, theft or damage to the Goods arising from fraudulent, intentional or dishonest acts by you or any person who has unrestricted access to the Goods or is otherwise permitted to use the Goods. In the case of theft the hirer must substantiate the claim by way of a police report verifying forced entry.
18.4 You assume and bear the risk of all theft, loss or damage to the Goods which we do not retain and bear under clauses 18.2 and 18.3. You agree to indemnify us for any loss we suffer from events in which you bear risk.
18.5 If you notify us of loss or damage to the Goods, being an event in which we bear risk, in our absolute discretion, we may:
(a) repair the damaged Goods;
(b) replace the stolen, lost or damaged Goods with goods of similar age, specifications (excluding modifications) and condition, but this may not necessarily be the same make or model; or
(c) terminate this Agreement and release you from your further obligations under it after the time we terminate.
18.6 We will release you from your obligation to make Rental Payments until you have possession of the repaired Goods or the replacement Goods under clause 18.4 (whatever the case may be).
19. CONDITION OF THE GOODS
19.1 The Goods will be deemed to be received by you in good condition unless you provide written notice of damage or defects within five days of delivery.
20. FAILURE OF GOODS
20.1 If the Goods break down or become unsafe to use, you agree to immediately:
(a) discontinue use of the Goods; and
(b) contact us.
20.2 Under no circumstances are you to repair or attempt to repair the Goods.
20.3 If the failure is caused by reasonable wear and tear and for no other reason including your negligence, misuse, or damaged caused by animals or pests, we agree at our discretion to:
(a) repair the Goods within a reasonable time;
(b) make replacement Goods available; or
(c) adjust the relevant Rental Payments
20.4 We will not be liable for any loss sustained by you by reason of the Goods failing or becoming unsafe for use other than where due to fair wear and tear. If the failure is caused by negligence, misuse or by animals or pests, you will be responsible for the replacement cost of the goods. We are not liable for any loss sustained by you by reason of the Goods not being usable due to problems with any software loaded on the Goods.
20.5 Where you have obtained a valid software licence and you experience technical issues with software validly loaded on the Goods, we may, at our sole discretion, elect to repair your software or outsource the repair to technical and specialized software experts. You will be liable for any additional charges associated with the repair.
20.6 If you experience hardware issues and we determine, at our absolute discretion, that you have been the substantial cause of the hardware issue, we will elect to repair your hardware or outsource the repair. You will be liable for any additional charges associated with the repair.
20.7 If you experience hardware issues and we determine, at our absolute discretion, that you have not been the substantial cause of the hardware issue, we will elect to repair your hardware or outsource the repair. We will be liable for any additional charges associated with the repair.
20.8 To the extent permitted by the Applicable Laws, clause 20.3 will not apply if:
(a) the goods are located outside of the Serviceable Radius; or
(b) an Event of Default has occurred.
21. RETURN AND REPOSSESSION OF GOODS FOR ANY REASON
21.1 If an Event of Default occurs during the Term, in addition to our other rights and subject to complying with any Applicable Law, we may enter any premises where we believe the Goods may be located and repossess the Goods.
21.2 If the Goods are collected pursuant to clause 21.1 or the Goods are otherwise returned to us for any reason, you must ensure that any of your personal data stored on the Goods has been fully erased.
21.3 There is a risk that some of your personal information may remain stored on the Goods when rented to another customer and as a result, a subsequent customer may have access to your personal information.
21.4 We take no responsibility for any of your, or any third party’s information or data stored on any returned Goods and you accept the risk that your or a third party’s personal information may remain on the Goods after their repossession or return.
21.5 To the maximum extent permitted by law, you indemnify and agree to hold us, our officers and employees ("those indemnified") harmless against and from all Claims which may arise as a result of or in connection with those indemnified taking possession of the Goods, including but not limited to those arising out of the loss of any data or information stored in this Goods when the Goods are repossessed or any failure by you to fully erase data from the Goods prior to repossession or any Claim in connection with the subsequent renting of repossessed or returned Goods. We hold the benefit of this indemnity on trust for those indemnified and those indemnified will be entitled to rely on the indemnity and have you pay for all reasonable costs (including but not limited to legal costs on a solicitor and own client or indemnity basis) prior to those indemnified having incurred and paid such costs.
21.6 The provisions of this clause do no merge on expiry or termination of this Agreement.
22. NO ASSIGNMENT OR SALE WITHOUT CONSENT
22.1 We may assign the benefit of this Agreement without your consent.
22.2 You must not assign this Agreement without our prior written consent.
22.3 You must not sell or offer for sale, assign, part with possession, or re-hire, mortgage pledge or otherwise deal with the Goods or any part of the Goods in a manner contrary to our ownership interest without our written consent.
23. YOUR PROMISES TO US
23.1 You represent and warrant that:
(a) you have received, read and understood our Credit Guide and Form 17—Information Statement;
(b) all information supplied to us to assess the suitability of the Agreement for you is true and correct, and no relevant information has been omitted;
(c) you intend to use the Goods wholly or primarily for personal or domestic purposes;
(d) you have not been induced to enter this Agreement by any statement made by us or any of our representatives, save anything specifically set out in this Agreement;
(e) you are satisfied that this Agreement is suitable for your requirements and objectives;
(f) you have had the opportunity to obtain legal advice;
(g) you understand the terms and conditions of this Agreement; and
(h) you have signed this Agreement freely and voluntarily and it constitutes binding obligations on you.
24. INDEMNITY AND RELEASE
24.1 You use the Goods at your own risk and release us to the fullest extent permitted by law from all actions, Claims and liabilities in respect of damage to property or death of or injury to any person resulting directly or indirectly from the Goods or their use or the services provided by us.
24.2 We make no express or implied warranty in relation to the Goods or services performed by us.
24.3 Nothing in this clause derogates from any rights implied by statute which cannot be excluded or modified.
25. OUR LIABILITY
25.1 If the Goods have a value or are of a kind ordinarily acquired for personal, domestic or household use or consumption such as to attract to this Agreement the operation of the provisions of the Competition and Consumer Act 2010 (Cth) or comparable State legislation, certain conditions and warranties will be implied into this Agreement and rights and remedies conferred upon you with respect to the Goods which cannot be excluded, restricted or modified by agreement ("Implied Terms").
25.2 If there are any Implied Terms in this Agreement, the provisions of clauses 24.1, 24.2, 25.4, and 25.6 will not apply to them.
25.3 You acknowledge that with respect to any Implied Terms, our liability is, where permitted, limited to replacement (or the cost of replacement) of the Goods, the supply (or the cost of supply) of equivalent goods or the repair (or the cost of repair) of the Goods.
25.4 No further provisions will be deemed to be implied into this Agreement or will arise by reason of any promise, representation, warranty or undertaking given or made by us.
25.5 Any provision which is deemed by statute to be incorporated into this Agreement, but the operation of which may be lawfully excluded, restricted or modified by agreement between you and us is, to the maximum extent permitted, so excluded, restricted or modified.
25.6 In no event will we be liable for:
(a) any loss or damage which you suffer arising from, or caused or contributed to by, our negligence or the negligence of our agents or servants; or
(b) special, indirect or consequential loss or damage as a result of a breach by us of this Agreement including, without limitation, loss of profits or revenue, personal injury, death, the costs arising from the loss of use of the Goods and the costs of any substitute goods which you obtain.
26. POWER OF ATTORNEY
26.1 You irrevocably authorise us to:
(a) complete or amend any of the details in the Schedule if those details are incomplete or incorrect and to complete all necessary formalities to render an Agreement and the Schedule effective; and
(b) appoint us (or an agent of us) as your attorney to use your name and to act on your behalf:
(i) in exercising any rights or instituting, carrying, enforcing, continuing, compromising or completing any legal proceedings which the attorney thinks fit and desirable to protect our rights under this Agreement in relation to the Goods; and
(ii) to execute all documents and do all things and acts necessary to recover or compromise any Claim for damage, loss or injury under an insurance policy in respect of the Goods and to give a valid and effective receipt, discharge and rehire purchase in respect of such a Claim.
27. ENTIRE AGREEMENT
27.1 This Agreement represents the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings between the parties.
27.2 Any brochures or marketing material you may have seen are provided for your information only and do not form part of this Agreement.
28. GENERAL
28.1 This Agreement will be governed by the laws in force in South Australia and the parties submit to the exclusive jurisdiction of its courts.
28.2 All of the provisions of this Agreement are severable. If any provision is found to be unlawful, void or unenforceable, then that provision will be read as if that provision were varied to the extent necessary to comply with the Applicable Laws or that other law or, if necessary, omitted, without affecting the continued operation of the rest of this Agreement in that jurisdiction or any other jurisdiction.
28.3 This Agreement can only be amended if the amendments are in writing by you and us, however we may vary this Agreement unilaterally if the amendments to the Agreement reduce your obligations. If you and we varied the Agreement by consent, we will issue you a notice in relation to the changes to the Agreement. The notice will contain at least such details as are necessary and required by law.
28.4 An obligation of two or more persons under this Agreement binds them jointly and severally and every expressed or implied agreement or undertaking by which two or more persons derive any benefit in terms of this Agreement will take effect for the benefit of those persons jointly and severally.
28.5 The failure of a party to this Agreement to enforce a provision or the granting of any time or indulgence will not be construed as a waiver of the provision nor of a waiver of the right of the party at a later time to enforce the provision.
28.6 Subject to any Applicable Law, any notice required to be served under this agreement by us will be deemed to have been properly served if left at or posted to you at your address nominated in the Schedule and service by post will be deemed to have been effected when the letter would be delivered in the ordinary course of post.
28.7 We will give you a periodic statement of your account containing at least the information required by any Applicable Law, at least once every twelve months unless we have commenced enforcement proceedings against you.
